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Difference between revisions of "Family Law Trials in Provincial Court"
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Family Law Trials in Provincial Court (view source)
Revision as of 20:10, 28 June 2019
, 20:10, 28 June 2019→Final steps to prepare for a family law trial
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There are a number of final steps to prepare for a family law trial: | There are a number of final steps to prepare for a family law trial: | ||
# '''Book of Documents:''' If you haven’t already done so, prepare your book of documents. | # '''Book of Documents:''' If you haven’t already done so, prepare your book of documents. Information about doing so is set out earlier in this section under Preparing Evidence for Trial: Documents. | ||
# '''Prepare Book of Authorities:''' This is a bound volume of the law that you intend to rely on at trial and should include copies of any statutes, regulations and case law (collectively referred to as ''authorities'') you intend to rely on at trial. Each authority should be placed behind a separate tab and an index listing each authority and its corresponding tab for easy reference during the trial. You will need to make enough copies for the judge, yourself and every other party (or their lawyer if they have one). | # '''Prepare Book of Authorities:''' This is a bound volume of the law that you intend to rely on at trial and should include copies of any statutes, regulations, and case law (collectively referred to as ''authorities'') you intend to rely on at trial. Each authority should be placed behind a separate tab and you need to provide an index listing each authority and its corresponding tab for easy reference during the trial. You will need to make enough copies for the judge, yourself, and every other party (or their lawyer if they have one). | ||
# '''Prepare an opening statement:''' This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved and the orders that party is asking for. If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement. If there are housekeeping issues (such as an expert witness only | # '''Prepare an opening statement:''' This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved, and the orders that party is asking for. If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement. If there are housekeeping issues (such as an expert witness only being available to testify on a specific date), such issues should be raised at this time as well. A party’s opening statement should be consistent with a party’s closing argument. | ||
# '''Update outline for closing submissions:''' Each party’s closing submissions should include a summary of the law on each issue, a description of each order sought by the party making the submissions, and a summary of the evidence that supports each order sought. If a party has made an extensive outline during their earlier trial preparation (as suggested above), this step is simplified. A party’s closing argument should be consistent with the party’s opening statement. | # '''Update outline for closing submissions:''' Each party’s closing submissions should include a summary of the law on each issue, a description of each order sought by the party making the submissions, and a summary of the evidence that supports each order sought. If a party has made an extensive outline during their earlier trial preparation (as suggested above), this step is simplified. A party’s closing argument should be consistent with the party’s opening statement. | ||
# '''Finalize preparation of direct examinations & cross examinations of witnesses.''' | # '''Finalize preparation of direct examinations & cross examinations of witnesses.''' | ||
# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses etc. for easy reference for the judge at trial. If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer) and yourself. | # '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses, etc. for easy reference for the judge at trial. If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer), and yourself. | ||
# '''Prepare party’s own trial binder:''' Convert any trial preparation binder into a trial binder. Replace all documents with the following, each of which should be included behind separate tabs: | # '''Prepare party’s own trial binder:''' Convert any trial preparation binder into a trial binder. Replace all documents with the following, each of which should be included behind separate tabs: | ||
#* List of witnesses (with contact information for each) and anticipated trial plan/schedule (which is really just a best guess as to when each witness will testify and for how long) | #* List of witnesses (with contact information for each) and anticipated trial plan/schedule (which is really just a best guess as to when each witness will testify and for how long). | ||
#* Page to list exhibits as they are entered at trial | #* Page to list exhibits as they are entered at trial — this will be an important reference during the trial and when you are preparing your final argument. | ||
#* Chronology, if one has been prepared | #* Chronology, if one has been prepared. | ||
#* Opening statement | #* Opening statement. | ||
#* Direct examination of each witness that party intends to call (with each examination behind a separate tab) | #* Direct examination of each witness that party intends to call (with each examination behind a separate tab). | ||
#* Cross examination of each witness the other party intends to call (with each examination behind a separate tab) | #* Cross examination of each witness the other party intends to call (with each examination behind a separate tab). | ||
#* Final argument/closing submissions | #* Final argument/closing submissions. | ||
#* Miscellaneous notes/to do list | #* Miscellaneous notes/to do list — sometimes during a trial, a judge will ask a party to do something during a court break or a party thinks of another idea to explore. It is helpful to have a place to list such miscellaneous items and thoughts that come up during trial in order to stay organized. | ||
# '''Personal preparation:''' | # '''Personal preparation:''' | ||
#* Visit the courthouse to familiarize yourself with it (unless you know it well already), including checking the hours of operation, the location of the hearing list, the location of washrooms, and the availability of food at or near the courthouse (if you don’t plan to pack a lunch each day of trial). | #* Visit the courthouse to familiarize yourself with it (unless you know it well already), including checking the hours of operation, the location of the hearing list, the location of washrooms, and the availability of food at or near the courthouse (if you don’t plan to pack a lunch each day of trial). | ||
#* Consider watching a trial as observation of the real thing is often the best education. Trials are open to the public and are generally in session from 9:30 am to 12:30 pm and from 2:00 to 4:00 pm each day. | #* Consider watching a trial, as observation of the real thing is often the best education. Trials are open to the public and are generally in session from 9:30 am to 12:30 pm and from 2:00 to 4:00 pm each day. | ||
#* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e.: family, friend, counselor). | #* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e.: family, friend, counselor). | ||
